1

2

3

1

2

3

4

5

6

4

7

8

9

10

1 Relevant charges are Turkish Penal Code (no 5237) Article 309 (1) Those using force and violence to attempt to

overthrow the constitutional order of the Republic of Turkey or introduce a different order or actually prevent this

order are punished with aggravated life imprisonment Article 312 (1) Anyone who uses force and force to attempt

to overthrow the government of the Republic of Turkey or partially or wholly prevent its functioning is punished with

aggravated life imprisonment

5

11

12

13

14

6

15

16

2 Istanbul 30th Assize Court provided the following reasoning in its decision (no 201974 E 202034 K 18 February

2020) ldquothat the observations made in the indictment concerning the alleged offence are grounded on telephone tapping

records however the interception warrant was not duly issued and hence the wiretapping records are considered to

be unlawful and do not constitute evidence that the witness Murat Eren did not cite any concrete fact and other

witnesses did not make any statements based on witnessed and factual information that the report by the Financial

Crimes Investigation Committee (MASAK) did not establish any activity with respect to the provision of financial

supportrdquo

3 ldquoVerdict reveals Kavala previously released in case where he was recently arrestedrdquo Bianet news website 20

February 2020 httpsbianetorg597220317-verdict-reveals-kavala-previously-released-in-case-where-he-was-

recently-arrested

4 Istanbul 8th Judgeship of Peace in its 19 February 2020 ruling (no 2020154) cited the grounds for Kavalarsquos arrest

as follows ldquoAccording to the analysis of communication it was established that suspect Mehmet Osman Kavala met

with the other suspect Hanrey [sic] Barkey on 27 June 2016 before the coup attempt at MENKA AS workplace in the

Sisli district belonging to Mehmet Osman Kavala and in continuation on 30 June 2016 in the Diyarbakir province and

that they met with people connected to the PKK terrorist organization also taking note of Hanrey [sic] Barkeyrsquos

connections with FETOPDY [ldquoFethullah Gulen terrorist organizationrdquo] and the fact that in the same period of time

his and the suspectrsquos telephones transmitted signals from the same base receiver station and the suspicion that he may

abscond because of the decision to release him in the Gezi Park trialrdquo)

7

17

18

19

5 ldquoThe reaction of the Council of Europe Commissioner for Human Rights to the re-arrest of Osman Kavalardquo

statement 19 February 2020 httpswwwcoeintenwebcommissioner-the-reaction-of-the-council-of-europe-

commissioner-for-human-rights-to-the-re-arrest-of-osman-kavala European External Action Service 19 February

2020 ldquoTurkey Statement by the Spokesperson on a new detention order against Mr Kavala

httpseeaseuropaeuheadquartersheadquarters-Homepage74882turkey-statement-spokesperson-new-detention-

order-against-mr-kavala_en ICJ ldquoTurkey re-arrest of Osman Kavala immediately after his acquittal is a travesty of

justicerdquo 19 February 2020 httpswwwicjorgturkey-re-arrest-of-osman-kavala-immediately-after-his-acquittal-is-

a-travesty-of-justice

Human Rights Watch ldquoTurkey Prominent Civic Leader Rearrested after Acquittalrdquo 20 February 2010

httpswwwhrworgnews20200220turkey-prominent-civic-leader-rearrested-after-acquittal

6 Original words of speech ldquoBunlar ciddi manada perde arkasında Soros tuumlruuml bazı uumllkeleri ayaklandırmak suretiyle

oraları karıştıran tipler vardır Onun da Tuumlrkiye ayağı malum iccedilerideydi Bir manevrayla duumln onu beraat ettirmeye

kalktılarrdquo quoted in ldquoErdoğandan Gezi Davası Yorumu lsquoBir Manevrayla Beraat Ettirmeye Kalktılarrsquo (ldquoErdogan on

Gezi Trial They attempted to acquit him with a maneuverrdquo) Bianet Online news website 19 February 2020

httpbianetorgbianetsiyaset220266-erdogan-dan-gezi-davasi-yorumu-bir-manevrayla-beraat-ettirmeye-kalktilar

Speech also quoted in ldquoFrom Prominent Philanthropist to Political Prisonerrdquo New York Times 19 February 2020

httpswwwnytimescom20200409worldmiddleeastosman-kavala-turkeyhtml

2

3

1

2

3

4

5

6

4

7

8

9

10

1 Relevant charges are Turkish Penal Code (no 5237) Article 309 (1) Those using force and violence to attempt to

overthrow the constitutional order of the Republic of Turkey or introduce a different order or actually prevent this

order are punished with aggravated life imprisonment Article 312 (1) Anyone who uses force and force to attempt

to overthrow the government of the Republic of Turkey or partially or wholly prevent its functioning is punished with

aggravated life imprisonment

5

11

12

13

14

6

15

16

2 Istanbul 30th Assize Court provided the following reasoning in its decision (no 201974 E 202034 K 18 February

2020) ldquothat the observations made in the indictment concerning the alleged offence are grounded on telephone tapping

records however the interception warrant was not duly issued and hence the wiretapping records are considered to

be unlawful and do not constitute evidence that the witness Murat Eren did not cite any concrete fact and other

witnesses did not make any statements based on witnessed and factual information that the report by the Financial

Crimes Investigation Committee (MASAK) did not establish any activity with respect to the provision of financial

supportrdquo

3 ldquoVerdict reveals Kavala previously released in case where he was recently arrestedrdquo Bianet news website 20

February 2020 httpsbianetorg597220317-verdict-reveals-kavala-previously-released-in-case-where-he-was-

recently-arrested

4 Istanbul 8th Judgeship of Peace in its 19 February 2020 ruling (no 2020154) cited the grounds for Kavalarsquos arrest

as follows ldquoAccording to the analysis of communication it was established that suspect Mehmet Osman Kavala met

with the other suspect Hanrey [sic] Barkey on 27 June 2016 before the coup attempt at MENKA AS workplace in the

Sisli district belonging to Mehmet Osman Kavala and in continuation on 30 June 2016 in the Diyarbakir province and

that they met with people connected to the PKK terrorist organization also taking note of Hanrey [sic] Barkeyrsquos

connections with FETOPDY [ldquoFethullah Gulen terrorist organizationrdquo] and the fact that in the same period of time

his and the suspectrsquos telephones transmitted signals from the same base receiver station and the suspicion that he may

abscond because of the decision to release him in the Gezi Park trialrdquo)

7

17

18

19

5 ldquoThe reaction of the Council of Europe Commissioner for Human Rights to the re-arrest of Osman Kavalardquo

statement 19 February 2020 httpswwwcoeintenwebcommissioner-the-reaction-of-the-council-of-europe-

commissioner-for-human-rights-to-the-re-arrest-of-osman-kavala European External Action Service 19 February

2020 ldquoTurkey Statement by the Spokesperson on a new detention order against Mr Kavala

httpseeaseuropaeuheadquartersheadquarters-Homepage74882turkey-statement-spokesperson-new-detention-

order-against-mr-kavala_en ICJ ldquoTurkey re-arrest of Osman Kavala immediately after his acquittal is a travesty of

justicerdquo 19 February 2020 httpswwwicjorgturkey-re-arrest-of-osman-kavala-immediately-after-his-acquittal-is-

a-travesty-of-justice

Human Rights Watch ldquoTurkey Prominent Civic Leader Rearrested after Acquittalrdquo 20 February 2010

httpswwwhrworgnews20200220turkey-prominent-civic-leader-rearrested-after-acquittal

6 Original words of speech ldquoBunlar ciddi manada perde arkasında Soros tuumlruuml bazı uumllkeleri ayaklandırmak suretiyle

oraları karıştıran tipler vardır Onun da Tuumlrkiye ayağı malum iccedilerideydi Bir manevrayla duumln onu beraat ettirmeye

kalktılarrdquo quoted in ldquoErdoğandan Gezi Davası Yorumu lsquoBir Manevrayla Beraat Ettirmeye Kalktılarrsquo (ldquoErdogan on

Gezi Trial They attempted to acquit him with a maneuverrdquo) Bianet Online news website 19 February 2020

httpbianetorgbianetsiyaset220266-erdogan-dan-gezi-davasi-yorumu-bir-manevrayla-beraat-ettirmeye-kalktilar

Speech also quoted in ldquoFrom Prominent Philanthropist to Political Prisonerrdquo New York Times 19 February 2020

httpswwwnytimescom20200409worldmiddleeastosman-kavala-turkeyhtml

3

1

2

3

4

5

6

4

7

8

9

10

1 Relevant charges are Turkish Penal Code (no 5237) Article 309 (1) Those using force and violence to attempt to

overthrow the constitutional order of the Republic of Turkey or introduce a different order or actually prevent this

order are punished with aggravated life imprisonment Article 312 (1) Anyone who uses force and force to attempt

to overthrow the government of the Republic of Turkey or partially or wholly prevent its functioning is punished with

aggravated life imprisonment

5

11

12

13

14

6

15

16

2 Istanbul 30th Assize Court provided the following reasoning in its decision (no 201974 E 202034 K 18 February

2020) ldquothat the observations made in the indictment concerning the alleged offence are grounded on telephone tapping

records however the interception warrant was not duly issued and hence the wiretapping records are considered to

be unlawful and do not constitute evidence that the witness Murat Eren did not cite any concrete fact and other

witnesses did not make any statements based on witnessed and factual information that the report by the Financial

Crimes Investigation Committee (MASAK) did not establish any activity with respect to the provision of financial

supportrdquo

3 ldquoVerdict reveals Kavala previously released in case where he was recently arrestedrdquo Bianet news website 20

February 2020 httpsbianetorg597220317-verdict-reveals-kavala-previously-released-in-case-where-he-was-

recently-arrested

4 Istanbul 8th Judgeship of Peace in its 19 February 2020 ruling (no 2020154) cited the grounds for Kavalarsquos arrest

as follows ldquoAccording to the analysis of communication it was established that suspect Mehmet Osman Kavala met

with the other suspect Hanrey [sic] Barkey on 27 June 2016 before the coup attempt at MENKA AS workplace in the

Sisli district belonging to Mehmet Osman Kavala and in continuation on 30 June 2016 in the Diyarbakir province and

that they met with people connected to the PKK terrorist organization also taking note of Hanrey [sic] Barkeyrsquos

connections with FETOPDY [ldquoFethullah Gulen terrorist organizationrdquo] and the fact that in the same period of time

his and the suspectrsquos telephones transmitted signals from the same base receiver station and the suspicion that he may

abscond because of the decision to release him in the Gezi Park trialrdquo)

7

17

18

19

5 ldquoThe reaction of the Council of Europe Commissioner for Human Rights to the re-arrest of Osman Kavalardquo

statement 19 February 2020 httpswwwcoeintenwebcommissioner-the-reaction-of-the-council-of-europe-

commissioner-for-human-rights-to-the-re-arrest-of-osman-kavala European External Action Service 19 February

2020 ldquoTurkey Statement by the Spokesperson on a new detention order against Mr Kavala

httpseeaseuropaeuheadquartersheadquarters-Homepage74882turkey-statement-spokesperson-new-detention-

order-against-mr-kavala_en ICJ ldquoTurkey re-arrest of Osman Kavala immediately after his acquittal is a travesty of

justicerdquo 19 February 2020 httpswwwicjorgturkey-re-arrest-of-osman-kavala-immediately-after-his-acquittal-is-

a-travesty-of-justice

Human Rights Watch ldquoTurkey Prominent Civic Leader Rearrested after Acquittalrdquo 20 February 2010

httpswwwhrworgnews20200220turkey-prominent-civic-leader-rearrested-after-acquittal

6 Original words of speech ldquoBunlar ciddi manada perde arkasında Soros tuumlruuml bazı uumllkeleri ayaklandırmak suretiyle

oraları karıştıran tipler vardır Onun da Tuumlrkiye ayağı malum iccedilerideydi Bir manevrayla duumln onu beraat ettirmeye

kalktılarrdquo quoted in ldquoErdoğandan Gezi Davası Yorumu lsquoBir Manevrayla Beraat Ettirmeye Kalktılarrsquo (ldquoErdogan on

Gezi Trial They attempted to acquit him with a maneuverrdquo) Bianet Online news website 19 February 2020

httpbianetorgbianetsiyaset220266-erdogan-dan-gezi-davasi-yorumu-bir-manevrayla-beraat-ettirmeye-kalktilar

Speech also quoted in ldquoFrom Prominent Philanthropist to Political Prisonerrdquo New York Times 19 February 2020

httpswwwnytimescom20200409worldmiddleeastosman-kavala-turkeyhtml

4

7

8

9

10

1 Relevant charges are Turkish Penal Code (no 5237) Article 309 (1) Those using force and violence to attempt to

overthrow the constitutional order of the Republic of Turkey or introduce a different order or actually prevent this

order are punished with aggravated life imprisonment Article 312 (1) Anyone who uses force and force to attempt

to overthrow the government of the Republic of Turkey or partially or wholly prevent its functioning is punished with

aggravated life imprisonment

5

11

12

13

14

6

15

16

2 Istanbul 30th Assize Court provided the following reasoning in its decision (no 201974 E 202034 K 18 February

2020) ldquothat the observations made in the indictment concerning the alleged offence are grounded on telephone tapping

records however the interception warrant was not duly issued and hence the wiretapping records are considered to

be unlawful and do not constitute evidence that the witness Murat Eren did not cite any concrete fact and other

witnesses did not make any statements based on witnessed and factual information that the report by the Financial

Crimes Investigation Committee (MASAK) did not establish any activity with respect to the provision of financial

supportrdquo

3 ldquoVerdict reveals Kavala previously released in case where he was recently arrestedrdquo Bianet news website 20

February 2020 httpsbianetorg597220317-verdict-reveals-kavala-previously-released-in-case-where-he-was-

recently-arrested

4 Istanbul 8th Judgeship of Peace in its 19 February 2020 ruling (no 2020154) cited the grounds for Kavalarsquos arrest

as follows ldquoAccording to the analysis of communication it was established that suspect Mehmet Osman Kavala met

with the other suspect Hanrey [sic] Barkey on 27 June 2016 before the coup attempt at MENKA AS workplace in the

Sisli district belonging to Mehmet Osman Kavala and in continuation on 30 June 2016 in the Diyarbakir province and

that they met with people connected to the PKK terrorist organization also taking note of Hanrey [sic] Barkeyrsquos

connections with FETOPDY [ldquoFethullah Gulen terrorist organizationrdquo] and the fact that in the same period of time

his and the suspectrsquos telephones transmitted signals from the same base receiver station and the suspicion that he may

abscond because of the decision to release him in the Gezi Park trialrdquo)

7

17

18

19

5 ldquoThe reaction of the Council of Europe Commissioner for Human Rights to the re-arrest of Osman Kavalardquo

statement 19 February 2020 httpswwwcoeintenwebcommissioner-the-reaction-of-the-council-of-europe-

commissioner-for-human-rights-to-the-re-arrest-of-osman-kavala European External Action Service 19 February

2020 ldquoTurkey Statement by the Spokesperson on a new detention order against Mr Kavala

httpseeaseuropaeuheadquartersheadquarters-Homepage74882turkey-statement-spokesperson-new-detention-

order-against-mr-kavala_en ICJ ldquoTurkey re-arrest of Osman Kavala immediately after his acquittal is a travesty of

justicerdquo 19 February 2020 httpswwwicjorgturkey-re-arrest-of-osman-kavala-immediately-after-his-acquittal-is-

a-travesty-of-justice

Human Rights Watch ldquoTurkey Prominent Civic Leader Rearrested after Acquittalrdquo 20 February 2010

httpswwwhrworgnews20200220turkey-prominent-civic-leader-rearrested-after-acquittal

6 Original words of speech ldquoBunlar ciddi manada perde arkasında Soros tuumlruuml bazı uumllkeleri ayaklandırmak suretiyle

oraları karıştıran tipler vardır Onun da Tuumlrkiye ayağı malum iccedilerideydi Bir manevrayla duumln onu beraat ettirmeye

kalktılarrdquo quoted in ldquoErdoğandan Gezi Davası Yorumu lsquoBir Manevrayla Beraat Ettirmeye Kalktılarrsquo (ldquoErdogan on

Gezi Trial They attempted to acquit him with a maneuverrdquo) Bianet Online news website 19 February 2020

httpbianetorgbianetsiyaset220266-erdogan-dan-gezi-davasi-yorumu-bir-manevrayla-beraat-ettirmeye-kalktilar

Speech also quoted in ldquoFrom Prominent Philanthropist to Political Prisonerrdquo New York Times 19 February 2020

httpswwwnytimescom20200409worldmiddleeastosman-kavala-turkeyhtml

5

11

12

13

14

6

15

16

2 Istanbul 30th Assize Court provided the following reasoning in its decision (no 201974 E 202034 K 18 February

2020) ldquothat the observations made in the indictment concerning the alleged offence are grounded on telephone tapping

records however the interception warrant was not duly issued and hence the wiretapping records are considered to

be unlawful and do not constitute evidence that the witness Murat Eren did not cite any concrete fact and other

witnesses did not make any statements based on witnessed and factual information that the report by the Financial

Crimes Investigation Committee (MASAK) did not establish any activity with respect to the provision of financial

supportrdquo

3 ldquoVerdict reveals Kavala previously released in case where he was recently arrestedrdquo Bianet news website 20

February 2020 httpsbianetorg597220317-verdict-reveals-kavala-previously-released-in-case-where-he-was-

recently-arrested

4 Istanbul 8th Judgeship of Peace in its 19 February 2020 ruling (no 2020154) cited the grounds for Kavalarsquos arrest

as follows ldquoAccording to the analysis of communication it was established that suspect Mehmet Osman Kavala met

with the other suspect Hanrey [sic] Barkey on 27 June 2016 before the coup attempt at MENKA AS workplace in the

Sisli district belonging to Mehmet Osman Kavala and in continuation on 30 June 2016 in the Diyarbakir province and

that they met with people connected to the PKK terrorist organization also taking note of Hanrey [sic] Barkeyrsquos

connections with FETOPDY [ldquoFethullah Gulen terrorist organizationrdquo] and the fact that in the same period of time

his and the suspectrsquos telephones transmitted signals from the same base receiver station and the suspicion that he may

abscond because of the decision to release him in the Gezi Park trialrdquo)

7

17

18

19

5 ldquoThe reaction of the Council of Europe Commissioner for Human Rights to the re-arrest of Osman Kavalardquo

statement 19 February 2020 httpswwwcoeintenwebcommissioner-the-reaction-of-the-council-of-europe-

commissioner-for-human-rights-to-the-re-arrest-of-osman-kavala European External Action Service 19 February

2020 ldquoTurkey Statement by the Spokesperson on a new detention order against Mr Kavala

httpseeaseuropaeuheadquartersheadquarters-Homepage74882turkey-statement-spokesperson-new-detention-

order-against-mr-kavala_en ICJ ldquoTurkey re-arrest of Osman Kavala immediately after his acquittal is a travesty of

justicerdquo 19 February 2020 httpswwwicjorgturkey-re-arrest-of-osman-kavala-immediately-after-his-acquittal-is-

a-travesty-of-justice

Human Rights Watch ldquoTurkey Prominent Civic Leader Rearrested after Acquittalrdquo 20 February 2010

httpswwwhrworgnews20200220turkey-prominent-civic-leader-rearrested-after-acquittal

6 Original words of speech ldquoBunlar ciddi manada perde arkasında Soros tuumlruuml bazı uumllkeleri ayaklandırmak suretiyle

oraları karıştıran tipler vardır Onun da Tuumlrkiye ayağı malum iccedilerideydi Bir manevrayla duumln onu beraat ettirmeye

kalktılarrdquo quoted in ldquoErdoğandan Gezi Davası Yorumu lsquoBir Manevrayla Beraat Ettirmeye Kalktılarrsquo (ldquoErdogan on

Gezi Trial They attempted to acquit him with a maneuverrdquo) Bianet Online news website 19 February 2020

httpbianetorgbianetsiyaset220266-erdogan-dan-gezi-davasi-yorumu-bir-manevrayla-beraat-ettirmeye-kalktilar

Speech also quoted in ldquoFrom Prominent Philanthropist to Political Prisonerrdquo New York Times 19 February 2020

httpswwwnytimescom20200409worldmiddleeastosman-kavala-turkeyhtml

6

15

16

2 Istanbul 30th Assize Court provided the following reasoning in its decision (no 201974 E 202034 K 18 February

2020) ldquothat the observations made in the indictment concerning the alleged offence are grounded on telephone tapping

records however the interception warrant was not duly issued and hence the wiretapping records are considered to

be unlawful and do not constitute evidence that the witness Murat Eren did not cite any concrete fact and other

witnesses did not make any statements based on witnessed and factual information that the report by the Financial

Crimes Investigation Committee (MASAK) did not establish any activity with respect to the provision of financial

supportrdquo

3 ldquoVerdict reveals Kavala previously released in case where he was recently arrestedrdquo Bianet news website 20

February 2020 httpsbianetorg597220317-verdict-reveals-kavala-previously-released-in-case-where-he-was-

recently-arrested

4 Istanbul 8th Judgeship of Peace in its 19 February 2020 ruling (no 2020154) cited the grounds for Kavalarsquos arrest

as follows ldquoAccording to the analysis of communication it was established that suspect Mehmet Osman Kavala met

with the other suspect Hanrey [sic] Barkey on 27 June 2016 before the coup attempt at MENKA AS workplace in the

Sisli district belonging to Mehmet Osman Kavala and in continuation on 30 June 2016 in the Diyarbakir province and

that they met with people connected to the PKK terrorist organization also taking note of Hanrey [sic] Barkeyrsquos

connections with FETOPDY [ldquoFethullah Gulen terrorist organizationrdquo] and the fact that in the same period of time

his and the suspectrsquos telephones transmitted signals from the same base receiver station and the suspicion that he may

abscond because of the decision to release him in the Gezi Park trialrdquo)

7

17

18

19

5 ldquoThe reaction of the Council of Europe Commissioner for Human Rights to the re-arrest of Osman Kavalardquo

statement 19 February 2020 httpswwwcoeintenwebcommissioner-the-reaction-of-the-council-of-europe-

commissioner-for-human-rights-to-the-re-arrest-of-osman-kavala European External Action Service 19 February

2020 ldquoTurkey Statement by the Spokesperson on a new detention order against Mr Kavala

httpseeaseuropaeuheadquartersheadquarters-Homepage74882turkey-statement-spokesperson-new-detention-

order-against-mr-kavala_en ICJ ldquoTurkey re-arrest of Osman Kavala immediately after his acquittal is a travesty of

justicerdquo 19 February 2020 httpswwwicjorgturkey-re-arrest-of-osman-kavala-immediately-after-his-acquittal-is-

a-travesty-of-justice

Human Rights Watch ldquoTurkey Prominent Civic Leader Rearrested after Acquittalrdquo 20 February 2010

httpswwwhrworgnews20200220turkey-prominent-civic-leader-rearrested-after-acquittal

6 Original words of speech ldquoBunlar ciddi manada perde arkasında Soros tuumlruuml bazı uumllkeleri ayaklandırmak suretiyle

oraları karıştıran tipler vardır Onun da Tuumlrkiye ayağı malum iccedilerideydi Bir manevrayla duumln onu beraat ettirmeye

kalktılarrdquo quoted in ldquoErdoğandan Gezi Davası Yorumu lsquoBir Manevrayla Beraat Ettirmeye Kalktılarrsquo (ldquoErdogan on

Gezi Trial They attempted to acquit him with a maneuverrdquo) Bianet Online news website 19 February 2020

httpbianetorgbianetsiyaset220266-erdogan-dan-gezi-davasi-yorumu-bir-manevrayla-beraat-ettirmeye-kalktilar

Speech also quoted in ldquoFrom Prominent Philanthropist to Political Prisonerrdquo New York Times 19 February 2020

httpswwwnytimescom20200409worldmiddleeastosman-kavala-turkeyhtml

7

17

18

19

5 ldquoThe reaction of the Council of Europe Commissioner for Human Rights to the re-arrest of Osman Kavalardquo

statement 19 February 2020 httpswwwcoeintenwebcommissioner-the-reaction-of-the-council-of-europe-

commissioner-for-human-rights-to-the-re-arrest-of-osman-kavala European External Action Service 19 February

2020 ldquoTurkey Statement by the Spokesperson on a new detention order against Mr Kavala

httpseeaseuropaeuheadquartersheadquarters-Homepage74882turkey-statement-spokesperson-new-detention-

order-against-mr-kavala_en ICJ ldquoTurkey re-arrest of Osman Kavala immediately after his acquittal is a travesty of

justicerdquo 19 February 2020 httpswwwicjorgturkey-re-arrest-of-osman-kavala-immediately-after-his-acquittal-is-

a-travesty-of-justice

Human Rights Watch ldquoTurkey Prominent Civic Leader Rearrested after Acquittalrdquo 20 February 2010

httpswwwhrworgnews20200220turkey-prominent-civic-leader-rearrested-after-acquittal

6 Original words of speech ldquoBunlar ciddi manada perde arkasında Soros tuumlruuml bazı uumllkeleri ayaklandırmak suretiyle

oraları karıştıran tipler vardır Onun da Tuumlrkiye ayağı malum iccedilerideydi Bir manevrayla duumln onu beraat ettirmeye

kalktılarrdquo quoted in ldquoErdoğandan Gezi Davası Yorumu lsquoBir Manevrayla Beraat Ettirmeye Kalktılarrsquo (ldquoErdogan on

Gezi Trial They attempted to acquit him with a maneuverrdquo) Bianet Online news website 19 February 2020

httpbianetorgbianetsiyaset220266-erdogan-dan-gezi-davasi-yorumu-bir-manevrayla-beraat-ettirmeye-kalktilar

Speech also quoted in ldquoFrom Prominent Philanthropist to Political Prisonerrdquo New York Times 19 February 2020

httpswwwnytimescom20200409worldmiddleeastosman-kavala-turkeyhtml

8

20

21

7 Human Rights Watch ldquoTurkey Prominent Civic Leader Rearrested after Acquittalrdquo 20 February 2010

httpswwwhrworgnews20200220turkey-prominent-civic-leader-rearrested-after-acquittal

8 Reported in ldquoTurkey investigates judges involved in Gezi Park trial acquittalsrdquo 19 February 2020 DW news

website httpswwwdwcomenturkey-investigates-judges-involved-in-gezi-park-trial-acquittalsa-52435248

9 ICJ and International Bar Association Human Rights Institute joint statement ldquoICJ and IBAHRI urge Turkeyrsquos

Council of Judges and Prosecutors to cease probe into Gezi Park trial judgesrdquo 28 February 2020

httpswwwicjorgturkey-icj-and-ibahri-urge-turkeys-council-of-judges-and-prosecutors-to-cease-probe-into-gezi-

park-trial-judges

10 Days later media known for close political alignment with the government published news stories aimed at

discrediting the presiding judge in the case by alleging he had links with individuals convicted of or dismissed for

association with the Guumllen movement which Turkey has proscribed as a terrorist organization responsible for the 15

July 2016 coup attempt See for example Takvim daily newspaper 26 February 2020

httpswwwtakvimcomtrguncel20200226son-dakika-gezi-davasi-hakimi-galip-mehmet-perk-hakkinda-flas-

feto-iddiasi

9

22

23

11 Istanbul 10th Judgeship of Peace in its 9 March 2020 ruling (no 2020272) cited the ground for Kavalarsquos arrest

under Article 328 as on the assessment of shared base receiver records showing links with Henri Jak Barkey who

runs intelligence activities in the name of terrorist organizations and foreign states periodically on the dates

27112014 01062015 03062015 05062015 07032016 09032016 28062016 29062016 18072016 and

continually between 112014 and 072016 and also that on 18072016 they were seen together in a restaurant together

with the suspectrsquos statements that he had met Henri Jak Barkey at conferences discussing problems of Turkey and the

Middle East it was assessed that there was a strong suspicion that the suspect had committed the crime he was accused

of and that in view of the quality and nature of the crime and the foreseen penalty in law detention was proportionate

on the basis of Criminal Procedure Code article 100 and subsequent articleshelliprdquo

12 The release on the Turkish Penal Code Article 309 charge was initiated by the prosecutor himself and tied to the

fact that under a change to the Criminal Procedure Code that came into effect in October 2019 a suspect cannot be

held in excess of two years on such a charge without being formally indicted

10

24

25

13 Commissioner for Human Rights of the Council of Europe ldquoReport following Country Visit 1-5 July 2019rdquo 19

February 2020 httpsrmcoeintreport-on-the-visit-to-turkey-by-dunja-mijatovic-council-of-europe-

com168099823e pp 16-18 36-39 ICJ ldquoTurkey ICJ Alerts Council of Europe Institutions to Continued Arbitrary

Detention in Spite of European Court Judgmentsrdquo 12 May 2020 httpswwwicjorgturkey-icj-alerts-council-of-

europe-institutions-to-continued-arbitrary-detention-in-spite-of-european-court-judgments International Press

Institute ldquoTurkeyrsquos Journalists in the Dockrdquo report on joint mission to Turkey September 11-13 2019

httpswwwecpmfeuarchivefilesfinal_file__turkey_mission_report__x50_copiespdf Human Rights Watch

ldquoLawyers on Trials Abusive Prosecutions and Erosion of Fair Trial Rights in Turkeyrdquo April 2019

httpswwwhrworgsitesdefaultfilesreport_pdfturkey0419_webpdf Human Rights Watch ldquoTurkey Kurdish

Mayorsrsquo Removal Violates Votersrsquo Rights 7 February 2020 httpswwwhrworgnews20200207turkey-kurdish-

mayors-removal-violates-voters-rights Amnesty International April 2018 ldquoWeathering the Storm Defending

Human Rights in Turkeyrsquos Climate of Fearrdquo

httpswwwamnestyorgdownloadDocumentsEUR4482002018ENGLISHPDF

10

24

25

13 Commissioner for Human Rights of the Council of Europe ldquoReport following Country Visit 1-5 July 2019rdquo 19

February 2020 httpsrmcoeintreport-on-the-visit-to-turkey-by-dunja-mijatovic-council-of-europe-

com168099823e pp 16-18 36-39 ICJ ldquoTurkey ICJ Alerts Council of Europe Institutions to Continued Arbitrary

Detention in Spite of European Court Judgmentsrdquo 12 May 2020 httpswwwicjorgturkey-icj-alerts-council-of-

europe-institutions-to-continued-arbitrary-detention-in-spite-of-european-court-judgments International Press

Institute ldquoTurkeyrsquos Journalists in the Dockrdquo report on joint mission to Turkey September 11-13 2019

httpswwwecpmfeuarchivefilesfinal_file__turkey_mission_report__x50_copiespdf Human Rights Watch

ldquoLawyers on Trials Abusive Prosecutions and Erosion of Fair Trial Rights in Turkeyrdquo April 2019

httpswwwhrworgsitesdefaultfilesreport_pdfturkey0419_webpdf Human Rights Watch ldquoTurkey Kurdish

Mayorsrsquo Removal Violates Votersrsquo Rights 7 February 2020 httpswwwhrworgnews20200207turkey-kurdish-

mayors-removal-violates-voters-rights Amnesty International April 2018 ldquoWeathering the Storm Defending

Human Rights in Turkeyrsquos Climate of Fearrdquo

httpswwwamnestyorgdownloadDocumentsEUR4482002018ENGLISHPDF

11

26

27

28

14 For recent reports documenting cases see fn 13

12

29

30

31

15 For a summary see Human Rights Watch ldquoWorld Report 2020rdquo Turkey chapter 14 January 2020

httpswwwhrworgworld-report2020country-chaptersturkey

16 ECtHR Ciulla v Italy App No 115284 22 February 1989 para 40

17 ECtHR Yılmaz and Kılıccedil v Turkey Guumll and or v Turkey Guumllcuuml v Turkey App no 1752610 19 January 2016

Işıkırık v Turkey App no 4122609 14 November 2017 İmret v Turkey Bakır and Others v Turkey App

4671310 10 July 2018

18 ECtHR Alparslan Altan v Turkey App No 1277817 16 April 2019 para136 Şahin Alpay App No 1653817

20 March 2018 para 107 Mehmet Hasan Altan v Turkey App No 1323717 20 March 2018

19For Official Statistics of the Ministry of Justice see

ltwwwadlisiciladaletgovtristatistik_2017istatistik2017pdfgt p 38

20 154000 people were prosecuted and 50000 detained on remand in pending proceedings in the first ten months of

the state of emergency Bianet news rsquoNumber of People Detained Reached 50 Thousand under 15 July 2016

Operationsrsquo 28 May 2017 httpsbianetorgbianetinsan-haklari186881-15-temmuz-sorusturmalarinda-tutuklu-

sayisi-50-bin-136 also see AI Weathering the Storm Defending Human Rights in Turkeyrsquos Climate of Fear p10

21 Press Release of 8 Jul 2019 after Country Visit by Dunja Mijatović the Commissioner for Human Rights of the

Council of Europe httpswwwcoeintenwebcommissioner-turkey-needs-to-put-an-end-to-arbitrariness-in-the-

judiciary-and-to-protect-human-rights-defenders UN Special Rapporteur on human rights defenders World Report

12

29

30

31

15 For a summary see Human Rights Watch ldquoWorld Report 2020rdquo Turkey chapter 14 January 2020

httpswwwhrworgworld-report2020country-chaptersturkey

16 ECtHR Ciulla v Italy App No 115284 22 February 1989 para 40

17 ECtHR Yılmaz and Kılıccedil v Turkey Guumll and or v Turkey Guumllcuuml v Turkey App no 1752610 19 January 2016

Işıkırık v Turkey App no 4122609 14 November 2017 İmret v Turkey Bakır and Others v Turkey App

4671310 10 July 2018

18 ECtHR Alparslan Altan v Turkey App No 1277817 16 April 2019 para136 Şahin Alpay App No 1653817

20 March 2018 para 107 Mehmet Hasan Altan v Turkey App No 1323717 20 March 2018

19For Official Statistics of the Ministry of Justice see

ltwwwadlisiciladaletgovtristatistik_2017istatistik2017pdfgt p 38

20 154000 people were prosecuted and 50000 detained on remand in pending proceedings in the first ten months of

the state of emergency Bianet news rsquoNumber of People Detained Reached 50 Thousand under 15 July 2016

Operationsrsquo 28 May 2017 httpsbianetorgbianetinsan-haklari186881-15-temmuz-sorusturmalarinda-tutuklu-

sayisi-50-bin-136 also see AI Weathering the Storm Defending Human Rights in Turkeyrsquos Climate of Fear p10

21 Press Release of 8 Jul 2019 after Country Visit by Dunja Mijatović the Commissioner for Human Rights of the

Council of Europe httpswwwcoeintenwebcommissioner-turkey-needs-to-put-an-end-to-arbitrariness-in-the-

judiciary-and-to-protect-human-rights-defenders UN Special Rapporteur on human rights defenders World Report

13

32

33

34

35

on the Situation of Human Rights Defenders Dec 2018 p381 Joint statement by three UN Special Rapporteurs and

a Chair-Rapporteur 14 Jul 2017

httpswwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=21875ampLangID=E

22 UN Special Rapporteur on terrorism ECN4200698 para 42

23 ldquoTwenty-four Rights Groups Call on Turkey to Release All those Arbitrarily Detained Now at Risk of Covid-19rdquo

April 17 2020 httpswwwhrworgnews20200417twenty-four-rights-groups-call-turkey-release-all-those-

arbitrarily-detained-now

14

36

37

38

39

24 ICJ The Turkish Criminal Peace Judgeships and International Law Briefing Paper Geneva 2018 p 5

15

40

41

42

43

25 ICJ Turkeyrsquos Judicial Reform Strategy and Judicial Independence Briefing Paper Geneva November 2019 p 3

26 Ibid p 7

27 Ibid p 7

28 ICJ Turkey the Judicial System in Peril - A Briefing Paper Geneva June 2016 p18

29 European Commission Turkey 2018 Report Doc No SWD(2018) 153 final 17 April 2018 p 24

16

44

45

30 Abdullah Zeydan others v Turkey ECtHR Application no 2545317 and others Third party intervention by the

Council of Europe Commissioner for Human Rights Doc CommDH(2017)33 2 November 2017 Coe Commissioner

third party intervention in journalist case para 35

31 Commissioner for Human Rights of the Council of Europe Report Following Her Visit to Turkey From 1 to 5 July

2019 CommDH(2020)1 para 116

17

46

47

48

49

32 Venice Commission Opinion on the Amendments to the Constitution Adopted by the Grand National Assembly

on 21 January 2017 and to be Submitted to a National Referendum on 16 April 2017 CDL-AD(2017)005 13 March

2017

33 CJ Turkeyrsquos Judicial Reform Strategy and Judicial Independence Briefing Paper Geneva November 2019

34 ldquoErdoğan Resolution Process is Improbable We Call Everybody to Accountrdquo Bianet online news 25 July 2015

httpmbianetorgbianetpolitics166374-erdogan-resolution-process-is-improbable-we-call-everybody-to-account

35 ldquoErdoğan HDP Eş Başkanlarının soumlzleri anayasa succedilurdquo (Erdogan HDP co-chairsrsquo words are constitutional

crimes) 1 January 2016 httpswwwbbccomturkcehaberler201601160102_erdogan_hdp

36 See Human Rights Watch ldquoCrackdown on Kurdish Opposition MPs Jailed Elected Mayors Removed Ahead of

Referendumrdquo20 March 2017 httpswwwhrworgnews20170320turkey-crackdown-kurdish-opposition

15

40

41

42

43

25 ICJ Turkeyrsquos Judicial Reform Strategy and Judicial Independence Briefing Paper Geneva November 2019 p 3

26 Ibid p 7

27 Ibid p 7

28 ICJ Turkey the Judicial System in Peril - A Briefing Paper Geneva June 2016 p18

29 European Commission Turkey 2018 Report Doc No SWD(2018) 153 final 17 April 2018 p 24

16

44

45

30 Abdullah Zeydan others v Turkey ECtHR Application no 2545317 and others Third party intervention by the

Council of Europe Commissioner for Human Rights Doc CommDH(2017)33 2 November 2017 Coe Commissioner

third party intervention in journalist case para 35

31 Commissioner for Human Rights of the Council of Europe Report Following Her Visit to Turkey From 1 to 5 July

2019 CommDH(2020)1 para 116

17

46

47

48

49

32 Venice Commission Opinion on the Amendments to the Constitution Adopted by the Grand National Assembly

on 21 January 2017 and to be Submitted to a National Referendum on 16 April 2017 CDL-AD(2017)005 13 March

2017

33 CJ Turkeyrsquos Judicial Reform Strategy and Judicial Independence Briefing Paper Geneva November 2019

34 ldquoErdoğan Resolution Process is Improbable We Call Everybody to Accountrdquo Bianet online news 25 July 2015

httpmbianetorgbianetpolitics166374-erdogan-resolution-process-is-improbable-we-call-everybody-to-account

35 ldquoErdoğan HDP Eş Başkanlarının soumlzleri anayasa succedilurdquo (Erdogan HDP co-chairsrsquo words are constitutional

crimes) 1 January 2016 httpswwwbbccomturkcehaberler201601160102_erdogan_hdp

36 See Human Rights Watch ldquoCrackdown on Kurdish Opposition MPs Jailed Elected Mayors Removed Ahead of

Referendumrdquo20 March 2017 httpswwwhrworgnews20170320turkey-crackdown-kurdish-opposition

16

44

45

30 Abdullah Zeydan others v Turkey ECtHR Application no 2545317 and others Third party intervention by the

Council of Europe Commissioner for Human Rights Doc CommDH(2017)33 2 November 2017 Coe Commissioner

third party intervention in journalist case para 35

31 Commissioner for Human Rights of the Council of Europe Report Following Her Visit to Turkey From 1 to 5 July

2019 CommDH(2020)1 para 116

17

46

47

48

49

32 Venice Commission Opinion on the Amendments to the Constitution Adopted by the Grand National Assembly

on 21 January 2017 and to be Submitted to a National Referendum on 16 April 2017 CDL-AD(2017)005 13 March

2017

33 CJ Turkeyrsquos Judicial Reform Strategy and Judicial Independence Briefing Paper Geneva November 2019

34 ldquoErdoğan Resolution Process is Improbable We Call Everybody to Accountrdquo Bianet online news 25 July 2015

httpmbianetorgbianetpolitics166374-erdogan-resolution-process-is-improbable-we-call-everybody-to-account

35 ldquoErdoğan HDP Eş Başkanlarının soumlzleri anayasa succedilurdquo (Erdogan HDP co-chairsrsquo words are constitutional

crimes) 1 January 2016 httpswwwbbccomturkcehaberler201601160102_erdogan_hdp

36 See Human Rights Watch ldquoCrackdown on Kurdish Opposition MPs Jailed Elected Mayors Removed Ahead of

Referendumrdquo20 March 2017 httpswwwhrworgnews20170320turkey-crackdown-kurdish-opposition

17

46

47

48

49

32 Venice Commission Opinion on the Amendments to the Constitution Adopted by the Grand National Assembly

on 21 January 2017 and to be Submitted to a National Referendum on 16 April 2017 CDL-AD(2017)005 13 March

2017

33 CJ Turkeyrsquos Judicial Reform Strategy and Judicial Independence Briefing Paper Geneva November 2019

34 ldquoErdoğan Resolution Process is Improbable We Call Everybody to Accountrdquo Bianet online news 25 July 2015

httpmbianetorgbianetpolitics166374-erdogan-resolution-process-is-improbable-we-call-everybody-to-account

35 ldquoErdoğan HDP Eş Başkanlarının soumlzleri anayasa succedilurdquo (Erdogan HDP co-chairsrsquo words are constitutional

crimes) 1 January 2016 httpswwwbbccomturkcehaberler201601160102_erdogan_hdp

36 See Human Rights Watch ldquoCrackdown on Kurdish Opposition MPs Jailed Elected Mayors Removed Ahead of

Referendumrdquo20 March 2017 httpswwwhrworgnews20170320turkey-crackdown-kurdish-opposition

18

50

51

52

53

37 ldquoErdoğan blames new CHP İstanbul head for insulting Turkish staterdquo Sol online news 16 January 2018

httpsnewssolorgtrerdogan-blames-new-chp-istanbul-head-insulting-turkish-state-173867

38 ldquoCanan Kaftancioglu Turkish opposition figure faces jail for tweetsrdquo BBC online news 6 September 2019

httpswwwbbccomnewsworld-europe-49613074

39 Speech quoted in Human Rights Watch ldquoKurdish Mayorsrsquo Removal Violates Votersrsquo Rightsrdquo 7 February 2020

httpswwwhrworgnews20200207turkey-kurdish-mayors-removal-violates-voters-rights

19

54

55

56

40 ldquoErdoğan Vefa Destek Gruplarına youmlnelik saldırılarla ilgili HDP ve CHPye yuumlklendirdquo Evrensel daily newspaper

May 16 2020 httpswwwevrenselnethaber404917erdogan-vefa-destek-gruplarina-yonelik-saldirilarla-ilgili-

hdp-ve-chpye-yuklendi

41 ldquoCHP Genccedillik Kolları Başkanı ve beraberindeki grup Adanada Vefa Sosyal Destek Grubuna saldırdırdquo Yeni Şafak

daily newspaper 15 May 2020 httpswwwyenisafakcomgundemchp-genclik-kollari-baskani-ve-beraberindeki-

grup-adanada-vefa-sosyal-destek-grubuna-saldirdi-3540012

42 ldquoProsecutorsrsquo investigation widens to include Diyarbakır Bar Association after criticism of top clericrdquo Duvar

English online news website April 29 2020 httpswwwduvarenglishcomhuman-rights20200429prosecutors-

investigation-widens-to-include-diyarbakir-bar-association-after-criticism-of-top-cleric-comments-on-lgbt ldquoAnkara

Bar Investigated After Criticizing Religious Affairs President over LGBTI+ Remarksrdquo Bianet online news April 27

2020 httpsbianetorgenglishlgbti223509-ankara-bar-investigated-after-criticizing-religious-affairs-president-

over-lgbti-remarks

20

57

58

59

43See TLSP and Pen International 3rd party intervention in Osman Kavala v Turkey 16 January 2019

httpsstatic1squarespacecomstatic5b8bbe8c89c172835f9455fet5c669f57104c7bd981a329ad15502293374311

6012019+Kavala+v+Turkey+Intervention+Finalpdf

21

TLSP HRW and ICJ in Taner Kılıccedil v Turkey 16 August 2019

httpsstatic1squarespacecomstatic5b8bbe8c89c172835f9455fet5d5a7b5ffbeeb000019c7c0915662109203451

6082019+Kilic+v+Turkeypdf 44 ECtHR Alajos Kiss v Hungary App no 3883206 20 May 2010 para 42 MSS v Belgium and Greece App

no 3069609 21 Jan 2011

22

23

23